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BARNES ROAD - ZONING (2) Form A Decisions �n a i U.Itu 111 ~c21£lll, ��1Zt755i1C�71I5Pff5 w IZ �'�'- u°�r ��l�ttttitt9 �uarl @nr �§a1Fm (Jrrrn FORM A - DECISION 1 � m s m to a w Ms. Josephine Fusco City Clerk z City Hall i Salem, MA 01970 m m Dear Ms. Fusco: At a reqularly scheduled meetlnc of zhe Sala- Planning Board held on June 2 , 7988 it was voted to endorse ";,nzroval Under Sub- division Control Law Not Required" on the following described plan: 1. Applicant: David Madsen 11C First Street Salem, MA 01970 2. Location and Description - 3 lots of land on Barnes Road Deed of property records in Essex Soutn District Registrv. Sincerely, &re., .D Walter Power 11' Chairman WP/sm 1i•�•.� tuaru ,�'�I FORM A' APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE ur'1 APPROVAL In accordance with provisions of Section II-B, the m applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be til, attached to two copies of this Form A application. (16 to The notice and both copies of the application must be "date stamped" by the City Clerk and then one copy of this Form A, with the Plan, filed with the Planning Board by the applicant. All notices and q �' applications shall be typewritten or neatly printed p, C= in ink. Salem, Mass.,, June 2�______19__ To the Planning Board: The undersigned, believing that the accompanying Plan of his property in the City 88 IM1 of Salem does not i constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and Has fronts a on a wa suitable for vehicular traffic and has the state specific reasons) ----------------P--------------- ---y....-•---_..------------- •---=—____-__ _�gl!t'$xt_S2�_A�fil3flnce�c ••attached.- -- r:: ------------------...............--- ----- - -- - - - - - --- - and herewith submits said plan for a determination and endorsement that Plamm�g Board a roval under the Subdivision Control Law is not required. I. Name of Owner ---D-- t -- ---'�- 11d Madsen •C First S reet, Salem,Deco MA 01970 - lV Address - -- •-------•-•----- ---•- --- ----------------•----- d 2. Name of Engineer or Surveyor - --------•--•--- - -- - --- - ---------------- r Address?48•Andover_Street, Peabod01960 _ 3. Deed of property records in ......:...-Rs x--South--District- --------- ---- _ Registry Fdb7c Certificate 49086 pip----------- _ - ---- ... ••-•------••---P-•- --•••---..... ..-••-3 lots_of land on Barnes Road--...........--------- 4. Location and Description of Property: - --------- - - ---- ------ ---- ---- I I I --------•-•-•------------- -------------------------------------------------------------- ---- -•--------- -•---_- --•---- ---- ..... _--_-------•------------------------- -•-------- -------------------------- ...._-_---•-•---•-•------------------- ---•-------------•-•-------•-•----•--•----------------••••----- - - - - - -„ I,. i .............--..............--•-...-••-••••••----------------- -•-------- ---- -- ......................... -------------------------------- ----------7----------- " S. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners �Ei�I of the abutting lets. Signature of Owner- —`-�:_� •¢�`-" -..-...._, I' Address....ZZQ_. sholas TelePhone Number 8 teee¢r trsE.et 8 Y1iSE s - - - -- !I 1 . 7 Ctg of ',5ttlrm, U55Ur4USrtts ►IEE9 • ` s OITY CLERK, bAi LI., MASS, �nnrD of (Appeal RECHVE® ��Ownz DECISION ON THE PETITION OF DAVID L. MADSEN FOR VARIANCES APR 191988 FOR 20 BARNES ROAD (R-1 �ulos A hearing on this petition was held March 16, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Luzinski, Strout and Associate Member LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from frontage and lot size to allow the property to be redivided from four (4) lots into three (3) lots in this R-1 district. The Variances which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . Petitioner has owned the property since the middle 1960's; 2. Petitioner has filled the land, adhering to the instruction of the Conservation Commission, at considerable expense; 3. Abutter was in favor of subdivision. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject parcels but not the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The requested Variances can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. I / DECISION ON THE PE- OF DAVID L. MADSEN FOF VAR-A :- FOR 20 BARNES ROAD, SA'LEN page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . Lot N3 must have a two to one slope on the northerly side and slope must be loamed and seeded and constructed as per plans submitted to and approved by the City Engineer; 2. A plan with the design of the swale on lot three must be approved by the City Engineer; 3. Lots to be divided as shown on plan submitted and dated 2/3/88 as follows: Lot 1 to have 10,000 square feet (+) with 63.43 front; Lot 2 to have 12,400 square feet (+) with 63 feet of frontage; 16,500 square feet (+) with 63 of frontage. GRANTED ) es B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK . •_ iAiJS CHP.P1 Ed E^ . S' _ F_ ,,' ' P:,RSUANf TO SE�AC'i 17 OF THE _3 A+J HJ..L Li L.c✓ .;i�.;;if IO DAYS AFTER TH; DA:E C F:Ji1� I': THE JF.'-.Pc ,-4 TH_ iITY CEERH SH,LL GC L. . E _ _ THE VA, !A'. IT , p` _ _G L'\i'_ A CCPY 5F THE �:^� -_ _ .;LERr _)r,^.'.rS .. .F SL'_✓ ii': J.r,;A�i S IAr1HO iI.IN THL - OlH c¢cr, On iSRE,,gDED _ . ,. . ANJ,.i_.�J Lit 7ti- J TIT 0.Jiv ER'S LzRTIFICATE CF TITLE y BOARD OF APPE,1; Es /'E • r •T , �� ,Es�rc't�ra/sG�r�eywas • . � �' � i�e o�� r 'ir�c7cco�uarx�e s✓rth�ie �k 00,o/ �IIA OFMIN Mqs� �,k; NOV. 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